Provides practical insight on avoiding the pitfalls related to drafting and interpreting commercial contracts
Tackles issues relating to specific types of clauses including warranties and indemnities, exception clauses, force majeure, express termination, retention of title, entire agreement, and non-reliance,
Offers guidance on the current approach and trends of courts
Contains full references to all relevant case law and journal articles which can be used for detailed argument
New to this edition
Includes new material on the impact of interpretation in particular contexts, such as mercantile, corporate, financial, insurance and consumer contracts
Expanded coverage of additional clauses such as retention of title, time, and payment clauses.
Examines the relationship between the rules of contractual construction and statutory interpretation, and considers case law from Australia, New Zealand, Hong Kong and Singapore.
Thorough analysis of the impact on admissible evidence of the decision of the House of Lords in Chartbrook v Persimmon
Discussion of the important judgments of the Privy Council in Belize Telecom, the Supreme Court in RTS Flexible Systems v Molkerei Alois Müller and Oceanbulk Shipping and Trading v TMT Asia, and the Court of Appeal in Springwell Navigation v JP Morgan Chase
This new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words. It is particularly useful for solicitors and barristers litigating disputes in the fields of commercial, corporate, banking, financial services and property law.
The common law principles and techniques of construction have recently come to greater prominence as judges seek to modernise the approach to the interpretation of contractual instruments. This work provides a comprehensive account of the principles involved, focusing on the practitioners' needs, tackling modernisation head on and equipping readers with the necessary means to avoid pitfalls in contractual provisions.
The coverage extends to related rules and doctrines, including rectification and implication of terms, and consideration of the status of the controversial 'parol evidence rule.' The book also considers the nature of effect of particular types of contractual provision, including warranties and indemnities, exemption clauses, force majeure clauses and entire agreement clauses.
Content new to this edition includes coverage of additional clauses such as retention of title, time and payment clauses, as well as an examination of the relationship between the rules for the interpretation of contracts and statutory interpretation.
Readership: Solicitors and barristers in the fields of commercial, corporate, banking, financial services, property and other civil law work and litigators involved in contractual disputes. This book is also of interest to academic lawyers.
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